Lawyer Warns of the Dangers of Detaining Hossam Abu Safieh Under the “Unlawful Combatant Law”

Al-Mana’ama told Al Jazeera Mubasher that his client was initially undergoing a regular trial, with ongoing interrogations and court appearances for detention extensions. However, the Southern Command of the Israeli army, led by Major General Yaron Finkelman, later decided to detain Abu Safieh under the “Unlawful Combatant Law.” This means he will not face a normal trial but will have his detention confirmed by the Israeli Central Court in Be’er Sheva, with the possibility of extensions for up to six months, renewable indefinitely.

The lawyer explained that this law allows Israeli authorities to detain individuals without filing formal charges, withholding accusations and evidence from the detainee, making it impossible to mount a defense. He stressed that this contradicts international laws and the guarantees of a fair trial.

Furthermore, Al-Mana’ama highlighted that this law violates international legal protections, particularly the Second Protocol of the Fourth Geneva Convention, which prohibits targeting, detaining, or obstructing the work of medical personnel.

Denial of Ties to Hamas

Regarding allegations that Dr. Abu Safieh has links to Hamas, his lawyer firmly denied all accusations, especially those with political implications.

“Dr. Hossam is solely providing medical services to all patients without discrimination. His profession obligates him to continue his work in treating and caring for the sick and wounded,” Al-Mana’ama stated.

Failure of Israeli Prosecution to Present Evidence

Al-Mana’ama argued that the decision to detain Abu Safieh under the “Unlawful Combatant Law” proves the Israeli prosecution’s failure to present sufficient evidence against him. “If they had concrete proof, they would have filed formal charges against him,” he asserted.

He also noted that Al-Mezan Center for Human Rights had submitted multiple requests to allow its lawyers to visit Abu Safieh since his arrest. However, Israeli authorities rejected these requests three times over a span of 47 days before finally permitting a visit. Al-Mana’ama described this as another violation of fair trial rights, which guarantee detainees access to legal representation.

The defense team will continue to pursue legal measures, with an Israeli court set to review Abu Safieh’s detention decision within 45 days. Appropriate legal steps will be taken at that time.

Call for Immediate Release

In a statement, Al-Mezan Center for Human Rights called on the international community and UN mechanisms to ensure the immediate release of Abu Safieh and other detained medical and humanitarian personnel.

The center described the decision to classify Abu Safieh as an “unlawful combatant” as “arbitrary, illegal, and retaliatory.” It condemned Israel’s use of such measures against civilians, particularly doctors, citing previous cases where mistreatment and torture led to deaths despite a lack of evidence against the detainees. The center further accused Israel of effectively taking Abu Safieh hostage by denying him his fundamental right to a fair trial.

Background on the Arrest

The Israeli army arrested Dr. Hossam Abu Safieh in late December, alleging suspicion of involvement in “terrorist activities.” At the time, Israel’s i24 news channel reported that he was being held at the notorious Sde Teiman detention facility.

Abu Safieh had previously been injured on November 24 in an Israeli airstrike targeting Kamal Adwan Hospital. Despite this, he refused to leave and continued treating patients and the wounded.

Tragically, his son, Ibrahim, was killed on October 26 when Israeli forces raided the hospital.